What You Need To Know About Same-Sex Divorce
- Posted on: May 26 2023
Now that same-sex couples are legally recognized as having the right to marry, they can also initiate the divorce process. However, the process for divorce may be more of a difficult undertaking if the couple has had a long relationship prior to the new right to marry taking effect. With that, there are a few things to know about same-sex divorce.
The Filing Of Same-Sex Divorce
The basic rules and procedures for same-sex divorce are the same as for all divorces. For instance, there may be requirements to meet in your state, such as residency of each spouse. So when you live in a state as a resident of that state, then you can initiate a divorce. If you are a resident of a different state, then the divorce must be initiated in the state of residency.
The reason for the divorce also needs to be an acceptable one. No-fault divorce is offered by all states. This means a court does not need to know what the reason for your divorce is and that you no longer desire to be married to each other. A divorce may also be fault-based, which is claimed through the occurrence of abuse or adultery. When an at-fault divorce is filed, it may turn into a legal battle that may not be worth fighting financially.
Child Custody And Support In Same-Sex Divorce
When a marriage ends and children are involved, a parentage law may be used to discriminate against the other.spouse. This is due to many states using language that is gender based for husband and wife who have children. However, that does not mean that a same-sex couple are excluded from the recognition.
With a lot of state laws incorporating paternity presumption to determine a father, the same can be used for a wife who has a child using artificial insemination during a marriage.
Dividing Same-Sex Property During Divorce
No matter what type of marriage it is, a judge will oversee the division of property obtained during the marriage as well as all debts that the couple obtained. Throughout the marriage, the property earned is known as marital property.
When the couple began living together but were unmarried, the rule of marital property may be difficult to justify and may result in an unfair division. An example is when a partner decides to purchase a big ticket item prior to being married. This will result in the property not being yours after you get married and still not yours after the divorce. This example would be considered as property that is separate.
If you are considering divorce for your same-sex marriage, you need to have all of the necessary information beforehand. When you get in touch today, we’ll sit down and go over the laws covering same-sex divorce in your state.
Posted in: Divorce Law, Uncategorized
